Tag: Marital Property

Mississippi Court of Appeals Decisions of August 12, 2025

The Mississippi Court of Appeals handed down four opinions today. The Court also unleashed fourteen other orders, most of which are rehearing denials.

Parra v. Rapid-American Corporation, 2023-CA-01196-COA (Civil – Personal Injury)
Affirming dismissal of a sixteen-year-old asbestos case for lack of prosecution, holding that the trial court did not abuse its discretion where there was a nine-year period of delay.
(10-0: McCarty for the Court)

Taylor v. State, 2023-KA-01201-COA (Criminal – Felony)
Affirming conviction of one count of trafficking methamphetamine, holding that the trial court did not err in denying a motion to suppress evidence derived from a search that the defendant contended was defective.
(9-1-0: Lawrence for the Court; Westbrooks concurred in the result only without writing)

Tauzin v. Tauzin, 2024-CA-00141-COA (Civil – Domestic Relations)
Reversing the chancellor’s order in a divorce case, holding that the chancellor did not err in interpreting or applying the parties’ antenuptial agreement, but that the chancellor did err in classification of marital property and by making insufficient findings of fact and conclusions of law regarding the Ferguson factors.
(8-0: Wilson for the Court; Carlton and Lassitter St. Pe’ did not participate)

Montoya v. State, 2023-KA-01324-COA (Criminal – Felony)
Affirming conviction of three counts of touching a child for lustful purposes, holding that the trial court did not err in giving an instruction that the defendant argued was an improper comment on the evidence and that the defendant’s trial counsel was not ineffective.
(10-0: Barnes for the Court)

Other Orders

  • Childs v. State, 2023-CA-00126-COA (denying rehearing)
  • Foote v. Memorial Hospital at Gulfport, 2023-CA-00504-COA (denying rehearing)
  • Thomas v. State, 2023-KA-00512-COA (denying rehearing)
  • Davis v. State, 2023-KA-00811-COA (denying rehearing)
  • McHard, McHard, Anderson & Associates, PLLC v. Robertson, 29230CA-00913-COA (granting appellees’ motion for appellate attorney’s fees and expenses)
  • Lee v. Doolittle, 2023-CA-00969-COA (denying rehearing)
  • McNaughton v. State, 2023-KA-01099-COA (denying rehearing)
  • Ruffin v. State, 2024-CA-00867-COA (denying the State’s motion to strike untimely motion for rehearing)
  • Pittman v. State, 2024-TS-00983-COA (granting motion for out-of-time appeal)
  • Cohen v. Trustmark National Bank, 2024-CP-01317-COA (dismissing appeal for lack of appealable judgment)
  • Black v. State, 2025-KM-00042-COA (denying motion to set aside dismissal of appeal)
  • Moore v. State, 2025-TS-00550-COA (allowing appeal to proceed on its merits)
  • Gales v. State, 2025-TS-00633-COA (granting pro se motion to proceed out of time)
  • Robinson v. State, 2025-TS-00700-COA (dismissing appeal for lack of appealable judgment)

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Mississippi Court of Appeals Decisions of June 17 and June 24, 2025

The Mississippi Court of Appeals handed down a total of sixteen opinions between last week and today. You can read summaries below.

June 17, 2025

Briggs v. Jackson, 2023-CA-01241-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s judgment awarding the mother physical care, custody, and control of two minor children and granting the father visitation rights, holding that the court did not err in its Albright analysis but remanding on the issues of providing coverage of medical expenses, calculation of child support, and visitation schedule.
(10-0: Emfinger for the Court)

Mangum v. State, 2023-KA-01198-COA (Criminal – Felony)
Affirming conviction of multiple counts of touching a child for lustful purposes and sexual battery, holding that the trial court did not err in denying the defendant’s alibi instruction and did not commit plain error in admitting a memory card with photos.
(10-0: McCarty for the Court)

Vaughn v. State, 2024-KA-00012-COA (Criminal – Felony)
Affirming conviction of multiple counts of drive-by-shooting and shooting int a motor vehicle after review of counsel’s Lindsey brief and independent review of the record.
(10-0: McCarty for the Court)

Hines v. PERS, 2023-SA-01400-COA (Civil – State Boards and Agencies)
Affirming the circuit court’s decision affirming the PERS Board of Trustees’ decision to deny on-duty disability retirement benefits, holding that the decision was supported by supported by substantial evidence and was not arbitrary and capricious.
(10-0: Westbrooks for the Court)

Rodriguez v. State, 2023-KA-01159-COA (Criminal – Felony)
Affirming conviction of one count of manslaughter and two counts of second-degree murder, holding that the convictions were supported by sufficient evidence and were not against the overwhelming weight of the evidence, that there was no merit to claims of prosecutorial misconduct, and that the trial court did not abuse its discretion sentencing the defendant to serve forty years on each count to run concurrently.
(9-1-0: Barnes for the Court; Westbrooks concurred in result on without writing)

Other Orders

  • Taylor v. State, 2023-KA-00245-COA (denying rehearing)
  • Wallace v. State, 2023-KA-00721-COA (denying rehearing)

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June 24, 2025

Martin v. Martin, 2024-CA-00228-COA (Civil – Custody)
Affirming the chancellor’s decision denying a petition for custody modification, holding that where there is no finding of an adverse impact there was no need to perform an Albright analysis and modification was not warranted.
(10-0: St. Pe’ for the Court.)

Martin v. Martin, 2024-CA-00222-COA (Civil – Domestic Relations)
Affirming the chancellor’s contempt finding in a divorce proceeding, holding that the chancellor did not err in finding the ex-wife in contempt of the divorce judgment and that she failed to prove her inability to comply and finding no abuse of discretion in the chancellor using contempt power of incarceration to enforce compliance.
(10-0: Weddle for the Court)

Boyd v. Jones County, Mississippi, 2024-CA-00290-COA (Civil – Torts)
Dismissing appeal for want of final, appealable order.
(10-0: McCarty for the Court)

Howard v. Howard, 2023-CA-01029-COA (Civil – Domestic Relations)
Affirming the chancellor’s findings in a divorce proceeding, holding that the chancellor did not err in determining equitable distribution or periodic alimony, or in failing to take into consideration supplemental security income benefits received by the minor child in determining child support.
(10-0: Westbrooks)

McHard, McHard, Anderson & Associates v. Robertson, 2023-CA-00913-COA (Civil – Eminent Domain)
Affirming the chancellor’s decision in an eminent domain case, holding that the petitioner failed to prove that its proposed road was necessary.
(9-0: Carlton for the Court; Emfinger did not participate)

Dowdy v. Grayson, 2023-CA-00985-COA (Civil – Torts)
Affirming on direct appeal and reversing on cross-appeal, holding that the circuit court did not err in granting a directed verdict on a claim for malicious prosecution but holding that the circuit court erred in dismissing a counterclaim of fraud.
(5-2-3: Barnes for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing; Wilson dissented, joined by Lawrence and Emfinger, and joined in part by Westbrooks)

Brodie v. Brodie, 2023-CA-01397-COA (Civil – Domestic Relations)
Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in reversing its initial ruling under Rule 59(e), in granting divorce on the grounds of habitual cruel and inhuman treatment, or in the division of marital property.
(9-1-0: Barnes for the Court; McCarty concurred in part and in the result without writing)

Gombako-Amos v. Amos, 2023-CA-01253-COA (Civil – Domestic Relations)
Affirming judgment of contempt in a divorce proceeding, holding that the chancellor did not err in finding that the ex-wife was in contempt for failing to comply with a provision of the property settlement agreement.
(6-4: Wilson for the Court; Carlton and Westbrooks concurred in part and dissented in part without writing; McDonald concurred in part and dissented in part, joined by Carlton, Westbrooks, and McCarty)

Bhatti v. Board of Supervisors of Coahoma County, Mississippi, 2024-CA-00027-COA (Civil – Other)
Affirming the circuit court’s dismissal of a claim to remove a bust of Ghandi from courthouse grounds, holding that the circuit court did not err in finding that claim amounted to a mandamus action and that the petitioner lacked standing.
(8-1*-0: Weddle for the Court; Westbrooks specially concurred, joined by McDonald; Barnes did not participate)

Melton v. State, 2024-KM-00337-COA (Criminal – Misdemeanor)
Reversing conviction of misdemeanor child abuse, holding that the defendant did not expressly waive her constitutional right to a jury trial.
(6-4: Wilson for the Court; Emfinger dissented, joined by Carlton, Lawrence, and St. Pe’)

Heirs of Morsi v. JB Hunt Corporation, 2024-WC-00399-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that a claim was not compensable, holding that the MWCC’s finding that the “found dead” presumption did not apply was supported by substantial credible evidence and was neither arbitrary nor capricious.
(6-1-3: Carlton for the Court; McCarty concurred in result only without writing; Westbrooks dissented, joined by McDonald and Lawrence)

Other Orders

  • Taylor v. State, 2023-CA-00738-COA (granting leave to file amicus brief)
  • Craft v. State, 2023-KA-00915-COA (denying rehearing)
  • Johnson v. Cleveland, 2023-CA-01011-COA
  • Foster v. Kovachev, 2023-CP-01030-COA (granting “motion regarding settlement,” dismissing certain parties to the appeal, granting in part appellees’ motion to dismiss appeal and request for sanctions and attorney’s fees, and dismissing appeal)
  • Blumer v. Majestic Homes, LLC, 2024-CA-00163-COA (granting motion for appellate attorney’s fees)

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Mississippi Supreme Court Decisions of October 24 and October 31, 2024

The Mississippi Supreme Court handed down one opinion last week and none this week. However, there was an order entered today amending M.R.C.P. 46. That amendment will be effective November 21, 2024.

October 24, 2024

McGee v. McGee, 2023-CA-00695-SCT (Civil – Domestic Relations)
Affirming the chancellor’s judgment regarding division of marital property and award of joint legal custody in a divorce action, holding that the chancellor did not err in classifying, valuing, and dividing the assets or in conducting its Albright analysis.
(9-0)

October 31, 2024

No opinions

Other Orders – October 24, 2024

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (dismissing Motion to Amend M.R.C.P. 6 and 56 filed by the Supreme Court Advisory Committee on Rules)
  • In Re: Uniform Rules of Youth Court Practice, 89-R-99033-SCT (dismissing Petition to Amend the Mississippi Uniform Rules of Youth Court Practice filed by the Mississippi Council of Youth Court Judges (Motion No. 2021-1461) without prejudice)
  • Suarez v. State, 2023-CT-00526-SCT (denying cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (ordering the disbursement of $166,981.17 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services

Other Orders – October 31, 2024

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting in part Motion to Amend M.R.C.P. 46 filed by the Supreme Court Advisory Committee on Rules)

    Here is the amended text of Rule 46 that will be effective November 21, 2024:
  • Taylor v. Johnson, 2022-CT-00734-SCT (denying cert)
  • The Avion Group, Inc. v. The City of Oxford, Mississippi, 2023-CT-00169-SCT (denying cert)

Hand Down Page – October 24, 2024

Hand Down Page – October 31, 2024

Mississippi Court of Appeals Decisions of October 15, 2024

The Mississippi Court of Appeals handed down five opinions today. Two are direct criminal appeals, one is a divorce case addressing child support and division of property, one is an easement case, and the other is a med mal case dismissed for lack of prosecution. Though he did not participate any of today’s decisions, newly minted Judge John D. Weddle made his debut on the hand downs today.

Chapman v. Chapman, 2023-CA-00615-COA (Civil – Domestic Relations)
Reversing findings of the chancellor in a divorce action, holding that the chancellor erred in his calculation of the father’s adjusted gross income and remanding for child support recalculation and holding that the chancellor erred concerning whether a boat was marital or non-marital property.
(5-4-0: Wilson and McCarty concurred in part and in the result without separate written opinion; Carlton and Westbrooks concurred in result only; Weddle did not participate)

Word v. U.S. Bank, 2023-CA-00160-COA (Civil – Real Property)
Reversing the chancellor’s judgment in an easement case, holding that the chancellor erred in awarding an easement by necessity because the plaintiff was not entitled to an easement by necessity and presented no evidence regarding the costs of using an available alternative access route.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Randall v. State, 2023-KA-00587-COA (Criminal – Felony)
Affirming conviction of aggravated assault and first-degree murder, holding that the trial court did not err in excluding evidence of one victim’s postmortem toxicology report showing the presence of recreational drugs in his system or in applying the firearm enhancement.
(8-1-0: Westbrooks concurred in result only without writing; Weddle did not participate)

Eason v. South Central Regional Medical Center, 2023-CA-00261-COA (Civil – Medical Malpractice)
Affirming dismissal of a complaint for failure to prosecute a med mal case against a nursing home, holding that the circuit court did not abuse its discretion in dismissing the case pursuant to Rule 41(b) after two years of delay.
(5-1-3: Westbrooks concurred in part and in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by McDonald and McCarty; Westbrooks joined in part; Weddle did not particiapte)

N0te – The dissent’s position was that the COVID-10 pandemic was a mitigating factor and that the trial court’s failure to consider it was an abuse of discretion. It concludes:

Cauthen v. State, 2023-KA-00589-COA (Criminal – Felony)
Affirming conviction of non-residential burglary, holding that the trial court did not err in refusing to instruct the jury on the lesser-included offense of trespass.
(8-0: Emfinger and Weddle did not participate)

Other Orders

  • Archer v. Harlow’s Casino Resort & Spa, 2022-CP-01060-COA (denying rehearing)
  • Doss v. State, 2022-KA-01185 (denying rehearing)
  • Black v. State, 2022-KA-01223-COA (denying rehearing)
  • Jiles v. State, 2023-CP-00383-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of September 17, 2024

The Mississippi Court of Appeals handed down nine opinions on this Constitution Day. There is something for just about everyone but PCR enthusiasts. Today’s opinions include personal injury cases, divorce cases, a real property case, an arbitration-award confirmation case, a youth court case, and a direct criminal appeal.

Franks v. Franks, 2023-CA-00088-COA (Civil – Domestic Relations)
Affirming final judgment of divorce, holding that the chancellor did not err in diving the martial home and ordering the husband to sell his portion to the wife where the husband agreed to do so, did not penalize the husband for embezzlement that occurred at his business but did not abuse her discretion in finding the husband’s adulterous relationship with the embezzler relevant in the Ferguson analysis, did not abuse her discretion in weighing the valuations of the marital property, did not abuse her discretion in awarding the wife attorney’s fees, did not abuse her discretion in not crediting the husband for payments made toward the marital home after the date of demarcation when he received the benefit of living in the home, and did not err in determining the amount of child support.
(8-0: Carlton did not participate)

Zemek v. Gunn, 2023-CA-00833-COA (Civil – Other)
Affirming the circuit court’s order denying a continuance and confirming an arbitration award, holding that the defendant waived the issue of timeliness and that, in any event, the confirmation petition was timely and that the circuit court did not abuse its discretion in denying a continuance.
(9-0)

Fox v. Allen Automotive, Inc., 2023-CA-00441-COA (Civil – Personal Injury)
Reversing summary judgment in favor of a car dealership in a premises liability action, holding that the trial court erred in finding that the plaintiff exceeded the scope of his invitation and became a trespasser where the plaintiff was injured while walking his dog and that because the plaintiff was an invitee there was a genuine issue of material facts as to whether the dealership had constructive knowledge of the dangerous condition.
(9-0)

NOTE – The plaintiff was walking a Heeler when he fell. If anyone ever claims that you can’t hear a footnote, you can refute them with this:

Anderson v. Grabmiller, 2023-CA-00593-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision awarding alimony to the husband, holding that the chancellor did properly consider rehabilitative alimony and that the chancellor did not err in his Armstrong analysis.
(9-0)

Brown v. State, 2023-KA-00648-COA (Criminal – Felony)
Affirming conviction of second-degree murder but vacating the firearm enhancement portion, holding that the firearm enhancement should be vacated because the minimum sentence for that enhancement was less than the minimum sentence for the second-degree murder conviction, but that the State’s commends during closing did not rise to the level of plain error, that the ineffective-assistance-of-counsel claim should be denied without prejudice, that the trial court did not abuse its discretion admitting evidence of a shell casing recovered from the murder scene, that the verdict was supported by sufficient evidence and was not against the overwhelming weight of the evidence, and that there was no cumulative error warranting reversal.
(8-1-0: Westbrooks concurred in part and in the result without writing)

Jones v. Curtis, 2023-CA-00987-COA (Civil – Domestic Relations)
Affirming decision modifying child-custody agreement, holding that the chancery court had subject matter jurisdiction and did not err in considering facts and events occurring before the initial custody determination.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing)

Cook v. Vowell, 2023-CA-00724-COA (Civil – Real Property)
Affirming chancery court’s grant of specific performance of an option to purchase an interest in real property, holding that the chancellor did not err in finding that there was consideration for the contract where there was no separate consideration spelled-out for the option or in finding that there was a valid offer and acceptance.
(9-0)

In the Matter of L.C.: Doe v. Bolivar County Youth Court, 2022-CA-00614-COA (Civil – Other)
Reversing the youth court’s finding that the mother had not satisfactorily completed a service plan working towards reunification, holding that there was no substantial evidence to support the youth court’s finding that MDCPS had made requisite “reasonable efforts” towards reunification.
(7-2: Westbrooks dissented, joined by McDonald; McDonald also separately noted a dissent but did not write)

Georgen v. Estate of Brown-Barrett, 2023-CA-00344-COA (Civil – Personal injury)
Reversing the trial court’s grant of summary judgment in a premises-liability case, holding that the trial court erred in finding that a baby gate leaned against a doorway in a residence did not constitute a dangerous condition.
(5-3: Carlton dissented, joined by Barnes, and Wilson; Westbrooks did not participate)

Other Orders

  • Whiddon v. State, 2022-KA-00616-COA (denying rehearing)
  • Crawford v. East Mississippi State Hospital, 2022-CA-00753-COA (denying rehearing)
  • Jackson v. State, 2022-KA-01143-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of August 13, 2024

The Mississippi Court of Appeals handed down six opinions today. The court affirmed in two direct criminal appeals but reversed, dismissed, or vacated in each of the remaining cases. Those four consist of a divorce, a real property conveyance, a mechanic lien against real property, and a misdemeanor.

Osing v. Osing, 2022-CA-00755-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s judgment in a divorce proceeding, holding that the chancellor did not err in denying the husband’s motion to withdraw consent to the irreconcilable-differences divorce, but reversing the chancellor’s division of the marital estate for failure to make sufficient factual findings and, as a result, reversed the chancellor’s award of alimony and a minor child’s college and health-insurance coverage pending reconsideration of the division of the marital estate.
(7-1-0: Wilson concurred in part and in the result without separate written opinion; Lawrence did not participate)

Campbell v. State, 2022-KA-01055-COA (Criminal – Felony)
Affirming conviction of burglary of a dwelling, holding that there was sufficient evidence supporting the verdict and that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err by referencing the grand jury proceedings, that there was no Brady violation regarding lost fingerprints, and that the trial court did not err in overruling a Batson challenge.
(8-0: Smith did not participate)

Alexander v. Espinoza, 2023-CP-01139-COA (Civil – Real Property)
Dismissing the appeal of a chancellor’s order denying declaratory relief, holding that the chancellor’s order was not a final judgment because it did not resolve all claims against all parties, and it did not contain 54(b) certification language.
(9-0)

In the Matter of the Estate of Johnson: Manners v. Estate of Johnson, 2023-CA-00823-COA (Civil – Wills, Trusts, & Estates)
Reversing the chancellor’s decision denying a claim to enforce rights under a document by which a decedent had intended to convey an interest in real property, holding that the document was a valid conveyance of an interest in the property and remanded for necessary parties to be joined and for further proceedings consistent with the opinions.
(9-0)

Carpenter v. State, 2023-KA-00580-COA (Criminal – Felony)
Affirming conviction of two counts of child exploitation, holding that section 97-5-33(8) of Mississippi’s child exploitation statute is not unconstitutional for overbreadth or for supporting entrapment and holding that the verdict was supported by sufficient evidence.
(9-0)

NOTE – Here is the court’s description of section Miss. Code Ann. § 97-5-33(8):

Holt v. State, 2023-KM-00121-COA (Criminal – Misdemeanor)
Vacating and remanding dismissal of an appeal to the circuit court from a conviction of simple domestic assault originating in municipal court, holding that the circuit court erred by dismissing the appeal for failure to file a brief without giving notice of the deficiency and an opportunity to cure and that the record was insufficient to determine whether the circuit court had jurisdiction for want of posting a cost bond.
(7-1-0: Carlton concurred in result only without writing; Smith did not participate)

  • Bradford v. State, 2022-KA-00493-COA (denying rehearing)
  • Hutson v. Hutson, 2022-CT-00569-COA (dismissing motion for appellate attorney’s fees)
  • Taylor v. Johnson, 2022-CA-00734-COA (denying rehearing)
  • Brown v. Black, 2022-CA-00869-COA (denying rehearing)
  • Roley v. Roley, 2022-CP-01104-COA (denying rehearing)
  • Winstead v. State, 2022-KA-01235-COA (denying rehearing)
  • Smith v. State, 2023-KA-00185-COA (denying rehearing)
  • Magyar v. Shiers, 2023-CA-00682-COA (denying motion to dismiss appeal)
  • Brown v. State, 2024-TS-00741-COA (granting motion to proceed out of time)

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Mississippi Supreme Court Decisions of June 20, 2024

The Mississippi Supreme Court handed down three opinions on Thursday. The first is a divorce case that discusses property classification and alimony and partially overrules a prior decision. The second decision is a direct criminal appeal appealing the denial of an indigent defendant’s request for funding for defense experts. The third case involves a motion for protective order that was sought to exempt redacted information from a public records request disclosure.

Cassell v. Cassell, 2023-CA-00213-SCT (Civil – Domestic)

Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in the classification of property or award of alimony, that the burden of proof to rebut the presumption of marital property is preponderance of the evidence, and that the party claiming property excluded from marital property has been commingled and transformed into marital property bears the burden of proof by a preponderance of the evidence, and “overrul[ing] Cheatham insofar as it has any bearing on a chancellor’s decision to award alimony and reaffirm the factors enumerated in Ferguson—awarding alimony during the division of the estate—and Armstrong—awarding alimony subsequent to the division of the estate—as the appropriate factors to be considered.”

(9-0)

Harris v. State, NO. 2023-KA-00038-SCT (Criminal – Felony)

Affirming conviction for aggravated DUI, holding that the trial court did not abuse its discretion denying the indigent defendant’s request for funds to retain experts where the requests were insufficient to show a substantial need for state funding or defense experts.

(9-0)

UnitedHealthcare of Mississippi, Inc. v. Amerigroup Mississippi, Inc., 2022-SA-01216-SCT (Civil – Other)

Affirming the chancellor’s decision denying a motion for protective order that sought to exempt redacted information in a qualification United Healthcare had submitted to the Department of Medicaid from disclosure in response to a public records request, holding that United did not meet its burden of showing that the redacted information was either a trade secret or confidential commercial or financial information, and denying United’s request to supplement the record.

(9-0)

Other Orders

Simmons v. State, 2022-CT-01260-SCT (denying cert)

Brown v. State, 2024-M-00013 (granting application for leave to file a motion for post-conviction DNA testing)

Bonner v. The Mississippi Bar, 2024-BD-00142-SCT (granting leave under Mississippi Rule of Discipline 11(b) to resign in good standing from the practice of law in Mississippi)

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Mississippi Court of Appeals Decisions of June 11, 2024

The Mississippi Court of Appeals handed down nine opinions today. There are four divorce-related decisions, two direct criminal appeals, a tort case dismissed for failure to state a claim, a negligence case dismissed for want of prosecution, and a PCR case.

Roley v. Roley, 2022-CP-01104-COA (Civil – Domestic Relations)
Affirming the chancery court’s rulings in a divorce action, holding that that the chancellor did not err in denying appellant’s Rule 60 motion that was filed after the mandate from the appeal of the case had been entered because the mandate rule barred reconsideration and that the chancellor did not err in finding the appellant in contempt or in incarcerating him for it.
(8-1-0: Westbrooks concurred in result only without separate written opinion; Lawrence did not participate)

Clark v. State, 2023-KA-00011-COA (Criminal – Felony)
Affirming conviction of simple possession of a controlled substance, holding that after reviewing counsel’s Lindsey brief, appellant’s pro se brief, and the record that there was sufficient evidence to support the conviction and that there were no other issues to warrant reversal.
(10-0)

Scott v. State, 2022-KA-00830-COA (Criminal – Felony)
Affirming convictions of touching a child for lustful purposes, nine counts of sexual battery, and one count of exploitation of a child, holding that the trial court did not err in denying the defendant’s motion for change of venue because the motion to change venue was procedurally defective and lacked merit.
(9-0)

Ware v. Ware, 2023-CA-00605-COA (Civil – Domestic Relations)
Affirming the chancellor’s rulings in a divorce action, holding that the chancellor did not abuse his discretion finding that the martial home was a marital asset, in distributing the marital home equally between the parties, or in not making specific findings of fact and conclusions of law as to each Ferguson factor.
(10-0)

Hasley v. Hasley, 2023-CA-00914-COA (Civil – Domestic Relations)
Reversing the chancellor’s ruling that temporary orders of separate maintenance had been converted to a final order of support, holding that the order being appealed was entered while the case was previously on appeal and that the issue sub judice was encompassed in the Court of Appeals’ prior ruling and remanding for further proceedings.
(8-2-0: Barnes and Wilson concurred in part and in the result without writing)

Archer v. Harlow’s Casino Resort & Spa, 2022-CP-01060-COA (Civil – Torts)
Affirming the circuit court’s denial of the pro se plaintiff’s motion to amend her complaint after the initial complaint was dismissed for failure to state a claim and failure to plead fraud with particularity, holding that the proposed amended complaint failed to state a claim for relief.
(10-0)

Pace v. Pace, 2022-CA-01259-COA (Civil – Domestic Relations)
Affirming in part and vacating in part the chancellor’s rulings in a divorce matter related to the sale of a jointly owned commercial building, holding that the chancellor lacked jurisdiction to grant one party’s contempt motion but affirming the chancellor’s decision ordering that party to buy the other party’s interest in the property and denial of the Rule 59 motion.
(10-0)

Jiles v. State, 2023-CP-00383-COA (Civil – PCR)
Affirming the dismissal of several PCR motions, holding that they were time-barred and successive and that and no exceptions applied, and that the remaining arguments were waived because he pleaded or because he did not raise them in the circuit court.
(10-0)

Ware v. Brown, 2023-CA-00663-COA (Civil – Personal Injury)
Affirming dismissal of a negligence action for want of prosecution, holding that there was a clear record of delay including two granted motions to compel and a two-year effort to obtain one plaintiff’s relevant medical history, that the circuit court did not abuse its discretion by dismissing the complaint with prejudice in lieu of lesser sanctions.
(5-1(2?)-3(2?): Wilson and Smith concurred in part and in the result without separate written opinion; McDonald concurred in part and dissented in part; joined by McCarty and Smith; Westbrooks did not participate.)

Other Orders

  • Patrick v. Patrick, 2021-CA-00891-COA (denying rehearing)
  • Okorie v. Nat’l Ass’n Wells Fargo Bank, 2022-CP-00043-COA (denying pro se motion for reconsideration)
  • Marshall v. State, 2022-KA-00541-COA (denying rehearing)
  • Roley v. Roley, 2022-CP-01104-COA (denying motions for reconsideration and for recusal of four judges of the Court of Appeals)
  • Hartzog v. State, 2024-TS-00033-COA (denying pro se “motion to show cause” and dismissing appeal)

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Mississippi Court of Appeals Decisions of May 7, 2024

The Mississippi Court of Appeals handed down ten opinions today. They started out with a run of short and sweet 10-0 opinions and then things got more interesting. There are two split opinions on the admission of confessions, a construction contract/negligence case, a divorce decision, several more direct criminal appeals, and a couple of PCR opinions.

Johnson v. State, 2022-KA-01127-COA (Criminal – Felony)
Affirming conviction of sexual battery, holding that after a review of counsel’s Lindsey Brief and the record that there was no reversible error.
(10-0)

Carter v. State, 2023-KA-00052-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in refusing the defendant’s accident instruction and that the castle-doctrine’s presumption of fear was procedurally barred and that the evidence was sufficient to show that the defendant did not act in self defense.
(10-0)

Reed v. State, 2023-KA-00248-COA (Criminal – Felony)
Affirming conviction of possession of hydrocodone/acetaminophen, holding that after a review of counsel’s Lindsey Brief and the record that there was no reversible error.
(10-0)

Dobbins v. State, 2023-CA-00562-COA (Civil – PCR)
Affirming summary dismissal of PCR petition, holding that the petition was statutorily barred.
(10-0)

Mac Long Homes, LLC v. Olvera Construction, LLC, 2022-CA-00938-COA (Civil – Contract)
Affirming in part and reversing in part the circuit court’s dismissal of of a contractor’s claims against a subcontractor after the contractor lost an arbitration proceeding against the homeowner, holding that the breach of contract and negligent misrepresentation claims were time-barred, that the common-law indemnity claim was not yet ripe so dismissal without prejudice was proper, that the negligence claim was not time-barred, and that the circuit court did not err in denying the plaintiff’s motion to amend the complaint.
(8-2-0: Westbrooks specially concurred, joined by McDonald and McCarty; Wilson concurred in the result only without separate written opinion)

NOTE – The common-law indemnity holding here is interesting. I have been in and around the argument that crossclaims of common-law indemnity against codefendants are not proper for lack of ripeness. I expect that this opinion will be cited frequently in the future.

Hollon v. State, 2023-CP-00202-COA (Civil – PCR)
Affirming denial of PCR petition, holding that the guilty plea was voluntary and not coerced, that trial counsel was not ineffective, and that the petitioner was not otherwise entitled to relief.
(9-0: Smith did not participate)

Winstead, v. State, 2022-KA-01235-COA (Criminal – Felony)
Affirming conviction of leaving the scene of an accident resulting in death, holding that the trial court erred in admitting the defendant’s confession because it was obtained in violation of Edwards v. Arizona but that the error was harmless in light of the overwhelming weight of evidence of guilt, and holding that the trial court did not err by admitting a bloodstain card.
(6-4: Carlton concurred in part and in the result without writing; Greenlee and Smith concurred in part and dissented in part without writing; Lawrence concurred in part and dissented in part, joined by Carlton, Greenlee, and Smith.)

NOTE – The partial dissent took issue with the majority’s holding that the confession should have been excluded. Here is the majority’s summary of its holding on that issue:

Smith v. State, 2023-KA-00185-COA (Criminal – Felony)
Affirming conviction of sexual battery of a minor, holding that the circuit court did not err in admitting the defendant’s confession or by holding the trial in absentia.
(4-2-4: Wilson and Emfinger concurred in part and in the result without writing; McCarty dissented, joined by Westbrooks and McDonald, and joined in part by Barnes and Emfinger)

Weatherly v. Weatherly, 2022-CA-00804-COA (Civil – Domestic Relations)
Affirming the chancellor’s rulings in a divorce proceeding, holding that the chancellor did not err in awarding sole physical custody to the mother, in awarding child support to the mother to the father despite the mother’s significantly higher income, in the valuation and distribution of marital property, in awarding the father alimony, or in denying the father’s request for attorney’s fees.
(3-2-4: McDonald and McCarty concurred in part and in the result without writing; Barnes, Westbrooks, and Emfinger concurred in part and dissented in part without writing; Wilson concurred in part and dissented in part, joined by Barnes, Westbrooks, and Emfinger, and joined in part by McDonald and McCarty; Smith did not participate)

City of Verona v. Moffett, 2022-WC-01050-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that a former police officer sustained an 80% loss of wage-earning capacity, holding that there was substantial, credible evidence supporting the Commission’s decision that was based on evidence of physical injuries and PTSD resulting from a physical assault while the claimant was responding to a domestic violence call.
(6-1-3: McCarty concurred in part and in the result without writing; Wilson dissented, joined by Smith and Emfinger.)

Other Orders

  • Silver Dollar Sales, Inc. v. Battah, 2022-CA-00476-COA (rehearing denied)
  • Fluker v. State, 2022-KA-00692-COA (denying rehearing)
  • Quinn v. State, 2022-KA-00962-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of April 23, 2024

The Mississippi Court of Appeals handed down four opinions yesterday. There is a workers’ comp case, a divorce case, a direct criminal appeal, and an MDOC appeal.

White v. The Home Depot, 2022-WC-00894-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decisions related to alleged work injuries, holding that there was substantial evidence to support the Commission’s denial of the claimant’s request to change physicians, to continue medical treatment, and to receive indemnity benefits as to the first alleged injury, and to support the Commission’s finding that the second alleged injury was not compensable under the MWCA.
(10-0)

Brecheen v. Brecheen, 2022-CA-00190-COA (Civil – Domestic Relations)
Affirming the chancery court’s rulings in a divorce proceeding on direct appeal and cross-appeal, holding that the chancellor did not abuse her discretion restricting the place and condition of the father’s visits based on a history of domestic violence, using paycheck stubs from the father’s previous employment to calculate child support, classifying the father’s severance package as marital property, or allowing the father to claim the minor child for tax purposes every other year.
(10-0)

Mai v. State, 2022-KA-00798-COA (Criminal – Felony)
Affirming conviction of fondling a child, holding that the evidence was sufficient to support the conviction, that the circuit court did not err in refusing a jury instruction that was not supported by Mississippi case law, and that the defendant’s failure to obtain a ruling on his objection to the admission of Rule 404(b) waived the argument on appeal.
(9-0: Emfinger did not participate)

Clark v. McDonald, 2022-CP-01296-COA (Civil – State Boards and Agencies)
Affirming a series of affirmances of a finding that an inmate violated a rule against assault by stabbing another inmate with a shiv, holding that there was no violation of the inmate’s procedural due process rights.
(10-0)

Other Orders

  • MDHS v. Johnson, 2022-SA-00605-COA (denying rehearing)
  • Harper v. State, 2022-KA-00659-COA (denying rehearing)
  • Hills v. Manns, 2022-CA-00774-COA (denying rehearing)
  • Barefield v. Barefield, 2022-CA-00834-COA (denying rehearing)
  • Forrest v. State, 2022-KA-00844-COA (denying rehearing)

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